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2023 (8) TMI 1363 - SC - Indian LawsDacoity - Legality of SCN - whether the FIR registered for the offences enumerated discloses commission of any offence? - HELD THAT:- Even if the entire case of the prosecution is believed or accepted to be true, none of the ingredients to constitute the offence of dacoity punishable under Section 395 of the IPC is made out. What amounts to dacoity has been explained by us in detail in the judgment and order delivered by this very Bench in Criminal Appeal MOHAMMAD WAJID AND ORS. VERSUS STATE OF U.P. AND ORS. [2023 (8) TMI 1361 - SUPREME COURT] - In the same manner, none of the ingredients to constitute the offence punishable under Section 365, 342 and 506 resply of the IPC are disclosed on plain reading of the FIR. The FIR is nothing but abuse of the process of law. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged. In STATE OF ANDHRA PRADESH VERSUS GOLCONDA LINGA SWAMY AND ORS. [2004 (7) TMI 696 - SUPREME COURT], a two-Judge Bench of this Court elaborated on the types of materials the High Court can assess to quash an FIR. The Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence. Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. The impugned order passed by the High Court of Judicature at Allahabad is hereby set aside - Appeal allowed.
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